Meta Accounts: Instagram/Facebook
If you’re using a personal account, you have access to a huge library of music and other audio clips to use with your posts. However, your agreement with Meta says those are for PERSONAL USE ONLY. Most of that music is NOT available to a business/professional account.
The Music Guidelines for Meta, which includes Instagram and Facebook, says: “Use of music for commercial or non-personal purposes in particular is prohibited unless you have obtained appropriate licenses.” “Commercial purposes” or “commercial use” don’t mean just for actual commercials. “Commercial” means for any use promoting a business.
TikTok
TikTok’s terms say: “Sounds are made available to individual users to include in their videos, so long as the videos are only for personal entertainment and non-commercial purposes. You shouldn’t use a music recording from Sounds for any commercial purpose–including associating the music with, or promoting, a brand or business–unless you have obtained the necessary rights to use the music in that manner.”
Like Meta, TikTok has a commercial music library offering plenty of music specifically licensed for business/commercial use.
Consequences
If you’re using music not permitted for business/commercial use on a “personal” account to promote your business, you’re (1) violating the terms of service and could be suspended or have your account shut down, and (2) committing copyright infringement, which leaves you open to big financial risk if the rights holder finds out and seeks payment.
If you try to cheat and upload a video with audio of someone else’s song you don’t have that kind of license for, you can still get caught by both the platform and the rights holder and suffer the consequences.
How can you tell which songs or audio clips are available to you? It’s pretty easy. When you go to add music to a post, reel, etc., you will be presented only with options licensed for your type of account.
Excuses and Tips
“But other people do it all the time and don’t get caught, so why can’t I do it, too?” Well, they’re running a huge risk, too. They may yet get caught. Major rights holders, like Universal Music Group, are in the habit of looking for infringement and sending cease-and-desist notices and letters demanding payment, even to individuals who aren’t high-profile.
“But I’m giving the artist ‘exposure’ by using their music – isn’t that enough for them?” No. Would you want something you made as part of trying to earn a living to be shared widely without getting paid for it?
“This is too confusing and too much work.” Good marketing and promotion always take work, and this is just part of that. There are some easy tips:
- If you are using the proper kind of account, which is using a professional/business/commercial account for anything promoting a brand or business, the apps automatically restrict which music you can use, so you don’t have to guess for each song.
- If you also remember not to upload any video with songs you don’t have a license to use for commercial purposes (it takes effort to get such a license), then that’s easy, too.
More to Come
Stay tuned for more tips on keeping your social media legally safe. I’ll have some other posts on this topic, including:
- working with your marketing team to ensure proper use,
- making sure agreements with marketing firms include terms about what happens if they mess up and use infringing material, and
- dealing with audio from services like Canva.
Helpful Links
https://help.instagram.com/581066165581870 (Terms of Use)
https://www.facebook.com/legal/music_guidelines
https://www.facebook.com/formedia/blog/updates-and-guidelines-for-including-music-in-video
https://www.facebook.com/sound/collection/terms (allows for commercial and non-commercial use!)
https://www.tiktok.com/legal/page/global/music-terms-eea/en
https://www.tiktok.com/legal/page/global/commercial-music-library-user-terms/en
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